JEET RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant stands convicted for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short 'the Act', by the learned trial Court, in Sessions Trial No. 15 of 2009, for having been found in possession of 690 grams of resin of Cannabis plant in the recovered stuff weighing 1Kg. 900 grams, as such sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine Rs. 20.000/-, in default of payment of fine to further undergo rigorous imprisonment for a period of three months. The benefit of Section 428 of the Code of Criminal Procedure was also given. Appellant felt aggrieved and dissatisfied with the impugned judgment of conviction and sentence, hence the present appeal.

(2.) (i) In short, the prosecution case as is borne out from the evidence on record can be stated thus. On 12.12.2008 PW9 SI/SHO Dharam Singh was heading the patrolling-party and laid a Naka at Sambla Chowk. Around 10.00 am, the appellant was spotted by the police coming on foot from Dam side, when PW9 aforesaid was engaged in conversation with one Khem Singh (not examined).

(3.) The appellant was accordingly charge-sheeted, tried, convicted and sentenced as aforesaid. The learned trial Court disbelieved the stand taken by the appellant that the recovery of contraband was effected from a Bihari-boy which was foisted upon the appellant. Having been felt aggrieved by the judgment of conviction and sentence, the present appeal has been filed.